F 

1783 

D74a 


DOS  PASSOS 


ARGUA/ENT  OF  JOHN  R.  DOS 
PASSOS,  ESQ.  OF  NEW  YORK 
IN  FAVOR  OF  RECOGNITION 
OF  CUBA  by™  UNITED 
STATES 


.-#  ^# 


THE  LIBRARY 
OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


ARGUMENT 


OF 


JOHN   R.  DOS  PASSOS,  Esq. 


OK 


NEW    YORK 


IN 


FAVOR  OF  RECOGNITION  OF  CUBA 


1!V     THK 


UNm:D    STATES 


ARGUMEN^T    OF 

John  R.  Dos  Passos,  Esq. 

OF  NEW  YORK       - 

IN 

FAVOR    OF    RECOGNITION   OF   CUBA  BY  THE 
UNITED   STATES. 


The  subject  of  Cuba  has  been  discussed  in  this 
country  in  a  desultory  but  prolific  manner  for 
almost  70  years.  While  it  has  from  time  to  time 
received  the  attention  of  statesmen,  philosophers, 
politicians,  financiers  and  business  men,  and  hardly 
any  aspect  of  the  question  has  escaped  attention,  it 
has  never  been  presented  to  the  people  of  the  United 
States  in  such  a  form  that  they  could  earnestly  and 
intelligently  act  upon  it. 

Three  propositions,  however,  have  been  evolved 
from  the  discussion  around  which  all  of  the  history, 
politics,  morals  and  law  of  the  subject  cluster : 

First,  whether  the  United  States  should  not  buy 
the  island ;  second,  whether  she  should  not  assist 
the  Cubans  by  according  to  them  belligerent  rights 
in  their  attempts  to  procure  freedom  from  Spain ; 
or,  third,  whether  this  government  should  not 
forcibly  intervene  in  favor  of  Cuba  and  insist  upon 
the  latter' s  complete  and  absolute  independence. 

There  have  been  several  distinct  revolutions  in 
that  island  since  1824,  each  of  which  has  been 
accompanied  by  great  bloodshed,  sacrifice  of  rights, 


loss  of  property,  and  derangement  and  prostration 
of  commercial  interests. 

Another  revolution  has  now  been  inaugurated,  and 
the  circumstances  surrounding  it  are  such  as  to 
most  impressively  call  the  attention  of  the  citizens 
of  this  country  to  the  struggle. 

The  situation  all  around  has  completely  changed 
since  the  close  of  the  last  Cuban  War  in  1878. 
Almost  every  Spanish-speaking  nation  on  this 
continent  is  now  a  Republic ;  and  irrespective  of 
the  present  revolution,  or  of  the  participation  of 
the  United  States  therein,  it  is  simply  a  question 
of  time  when  they  will  all  exist  under  that  system 
of  Government. 

Mexico  has  constituted  a  firm  and  indissoluble 
union  of  her  people ;  and  she  now  has  twenty-eight 
states  and  two  territories  in  her  Republic.  The 
tendency  of  the  other  Republics  of  South  and 
Central  America  is  to  follow  her  wise  example. 
Consolidation  is  the  tendency  of  the  age  in  public 
and  private  matters. 

The  condition  of  Spain  is  politically,  morally, 
commercially  and  financially  so  weak  that  she 
stands  constantly  on  the  brink  of  revolution,  which 
threatens  to  destroy  her  existing  monarchical 
government.  It  is  a  matter  of  wonder  that  Cuba 
has  thrived  at  all  under  the  heavy  burdens  which 
she  has  suffered  from  Spanish  rule.  That  her 
material,  moral,  commercial  and  intellectual  prog- 
ress have  been  affected  by  this  influence  goes  by 
the  mere  saying.  Her  present  development  indi- 
cates the  wealth  of  her  resources.  If  Spain  suc- 
ceeds in  conquering  Cuba  again,  there  is  no  ques- 
tion but  that  it  will  prove  a  heavy  blow  to  her, 
because  it  means  that  she  will  be  loaded  with  an 


additional  debt,  and  that  new  forms  of  despotic 
power  will  be  applied  to  keep  her  in  future  subjec- 
tion. 

The  United  States  has  cultivated  a  large  trade 
with  Cuba,  amounting  to  many  millions  of  dollars ; 
and  the  interests  of  her  citizens  are  now  so  inter- 
woven with  Cuban  property,  commerce  and  busi- 
ness, that  they  are  inseparably  connected. 

Quite  aside  from  the  question,  whether  the  United 
States  should  not  have  long  since  intervened  in  the 
affairs  of  Cuba,  it  is  evident  that  the  present  situa- 
tion most  emphatically  demands  that  she  should 
temporize  and  dally  with  the  subject  no  longer. 
The  time  seems  to  have  at  last  arrived  when  she 
must  finally  and  forever  decide  the  Cuban  question 
and  speak  out  without  equivocation. 

It  is  perfectly  manifest  that  Spain  and  Cuba  must 
forever  part.  The  two  nations  are  out  of  all  har- 
mony with  each  other ;  and  added  to  this,  nature 
has  separated  them  so  widely,  that  a  political 
division  sooner  or  later  is  inevitable. 

There  seems  to  be  no  basis  for  compromise  or 
half-way  measures  this  time.  The  Cubans  announce 
that  they  mean  war  to  the  knife.  It  is  a  fight  of 
extermination;  and  to  leave  no  doubt  upon  the 
subject,  the  Cubans  have  pledged  themselves,  in 
their  Constitution,  that  they  will  accept  nothing  but 
absolute  independence  and  freedom.  Justice  and 
humanity  alike  appeal  to  the  civilized  world  to  end 
this  bloody  struggle ;  and  other  considerations  more 
peculiarly  dictate  to  the  United  States  that  slie 
should  lead  the  waj^  to  the  end. 

But  this  is  a  question  which  must  be  thoughtfully 
and  carefully  reasoned  out.  If  we  conclude  that 
neither  policy,  self-interest,  nor  justice  demand  that 


we  should  intervene  or  meddle  in  this  strife,  we 
should  boldly  and  in  unmistakable  language,  say  it 
to  the  world.  If  that  is  to  be  our  conclusion,  let 
us  give  no  further  aid  or  comfort  to  the  insurgents, 
or  encourage  the  wistful  glances  wliich  they  now 
cast  towards  this  country  for  countenance  and 
support. 

The  pertinent  questions,  therefore,  to  be  con- 
sidered are,  the  relations  of  the  United  States  to 
Cuba,  and  the  course  or  policy  which  those  rela- 
tions dictate  that  she  should  follow. 

It  is  to  be  regretted  that  Mr.  Cleveland  did  not 
feel  called  upon  to  more  fully  express  his  views 
upon  this  important  subject  in  his  message.  While 
he  agrees  that  an  insurrection  exists  in  the  Island 
"  more  active  than  the  last  preceding  revolt,"  and 
concludes  with  the  hope  that  the  "devastation  of 
armed  conflict  may  speedily  be  stayed,"  the  whole 
point  of  his  views  is  concentrated  upon  the  ques- 
tion of  maintaining  the  neutrality  laws. 

What  his  opinion  is  upon  the  subject  of  the  con- 
flict ;  what  his  views  are  as  to  the  policy  of  the 
government  on  the  subject  of  the  recognition  of  the 
insurgents,  are  left  untouched. 

What  he  says  about  the  neutrality  laws  being 
enforced,  is  just  as  applicable  to  the  condition  of 
affairs  existing  after  belligerency  is  accorded,  as 
before  that  time. 

There  is  a  word  which  is  much  in  vogue  in  this 
country  at  present,  and  especially  api:)lied  in  the 
discussion  of  international  questions.  I  mean  the 
word  "  Jingo."  In  the  regular  dictionaries  this 
word  is  given  as  an  expletive,  a  vulgar  oath  (if 
there  are  any  oaths  that  are  not  vulgar) ;  but  in 
the  sense  in  which  it  is  now  used,  I  take  it  that  it 


is  intended  to  mean  "swagger,"  "froth,"  "dema- 
gogic," that  it  is  expressly  applicable  to  individu- 
als who  constantly  advocate  foreign  wars  and 
aggressive  policies  without  regard  to  the  inherent 
truth  or  justice  of  the  questions  involved. 

Taking  this  to  be  the  meaning  of  the  word,  it  is 
absolutely  true  that  this  subject  should  not  be  con- 
sidered in  any  Jingo  sense.  The  United  States  is 
too  great  a  nation ;  the  American  people  ought  to 
be  too  honorable,  proud  and  just  to  do  the  slightest 
wrong  to  any  nation,  especially  one  in  the  weak 
position  in  which  Spain  now  finds  herself. 

In  the  consideration  of  this  question,  therefore, 
"  Jingoism  "  must  be  excluded;  and  we  must  go 
to  the  very  marrow  of  the  subject  before  taking 
any  decisive  step.  Approaching  it  in  this  spirit, 
1  find  that  the  relations  of  the  United  States  to 
Cuba  are  threefold :  Natural  or  geographical, 
moral  or  political,  and  commercial. 

The  natural  or  geographical  relations  arise  from 
the  proximity  of  the  island  to  our  continent. 
Divided  from  the  State  of  Florida  by  a  channel  not 
more  than  65  miles  wide,  the  Island  of  Cuba,  as 
Mr.  Adams  said  in  1823,  is  a  natural  appendage  to 
the  North  American  Continent,  and  almost  inside 
of  our  shores.  Cuba  commands  the  main  entrance 
to  the  Gulf  of  Mexico,  and  the  possession  of  the 
island  constitutes  a  powerful  menace  to  the  Re- 
publics of  Mexico,  Central  America  and  the  nor- 
thern part  of  South  America. 

In  the  event  of  trouble  between  the  United 
States  and  any  of  those  Republics,  the  possession 
of  Cuba  would  be  one  of  incontestable  value  to  our 
Government. 

In  the  event  of  war  with  European  countries,  it 


is  equally  important.  It  has  harbors  which  can 
be  made  impregnable  on  both  ends  of  the  island 
and  near  the  centre  on  both  coasts — fronting  a  long 
line  of  our  shores  destitute  of  the  same  advantages. 

I  do  not  need  to  claim  or  argue,  that  the  fact 
that  Cuba  possesses  these  natural  and  geographical 
advantages  to  the  United  States,  entitles  or  justi- 
fies this  Government  in  intervening  in  the  present 
struggle — in  connection  v^^ith  other  matters  which 
I  will  advert  to  farther  on,  they  undoubtedly  do 
sanction  such  action — but  I  do  assert  that  had 
England,  boasting  to  be  the  most  civilized  of  Euro- 
pean nations,  occupied  the  geographical  position 
which  we  do  to  Cuba,  that  island  would  have  been 
a  part  of  English  territory  50  years  ago,  by  pur- 
chase, perhaps,  if  not,  by  conquest. 

And  I  assert  that  the  fact  that  we  have  not 
before  annexed  Cuba  to  our  Union  illustrates  the 
prudence,  the  caution,  the  honesty  and  the  friend- 
ship which  this  people  have  exhibited  in  dealing 
with  a  question  which  has  been,  is  and  will  be,  as 
at  present  constituted,  a  perpetual  source  of  trouble 
and  annoyance  to  us,  publicly  and  privately. 

The  question  of  self-protection,  or  self-interest, 
present  or  future,  to  a  nation,  has  always  been  re- 
garded by  diplomatists  and  writers,  as  a  most  im- 
portant motive  to  the  acquisition  of  territory,  or  in 
shaping  its  foreign  policy.  Modern  history  can  be 
appealed  to  and  will  furnish  bountiful  illustrations 
to  confirm  this  statement. 

In  point  of  view  of  wealth,  or  proximity  and 
commerce,  Cuba  is  much  more  important  to  the 
United  States  than  many  of  the  present  States  of 
the  Union. 

Politically   and    morally   the   United    States   is 


deeply  interested  in  Cuba.  The  sympathies  of  the 
American  people  are  undoubtedly  with  her  in  her 
struggle  for  freedom.  There  is  a  genuine  sentiment 
or  belief  prevailing  among  us  that  a  Republican 
form  of  government  closely  carried  out,  and  de- 
veloped upon  the  lines  laid  down  in  our  Constitu- 
tion and  early  history  of  this  country,  is  the  best 
form  of  government  under  which  people  can  live. 
It  is  natural  for  us  to  sympathize  with  a  community 
even  more  remotely  situated  from  us  than  Cuba,  in 
its  efforts  to  throw  off  a  government  of  despotism 
for  one  of  democracy. 

As  I  have  said,  it  is  a  matter  of  time  when  Cuba 
will  be  free,  whether  the  United  States  assists  or 
not.  But  we  do  assist.  We  are  assisting  Cuba 
now  in  every  conceivable  manner ;  and  it  is  one  of 
the  just  causes  of  complaint  that  Spain  formulates 
against  us,  that  we  are  secretly  giving  aid,  and 
material  support,  to  her  colony  which  is  in  a  state 
of  insurrection.  Indeed,  the  whole  country  seems 
to  be  aroused  in  favor  of  this  colony.  If  we  have 
no  right  to  aid  Cuba,  these  demonstrations  should 
be  stopped. 

This  sympathy  which  is  so  lavishly  and  univers- 
ally bestowed  upon  Cuba  at  the  present  time  is  not 
the  result  of  a  covetous  desire  on  the  part  of  the 
people  of  this  country  to  acquire  new  territory.  It 
arises  mainly  from  the  fact  that  we  believe,  the 
inhabitants,  of  that  beautiful  and  wealthy  isle,  are 
under  the  domination  of  a  despotism,  that  deprives 
the  people  of  those  natural  and  unalienable  riglits 
which  humanity  is  everywhere  entitled  to  enjoy. 
Nor  is  this  conclusion  based  upon  a  study  of  any 
isolated  portion,  or  epoch,  in  Cuban  history,  but  it 


8 


results  from  a  review  of  her  whole  government  for 
70  years. 

But  beyond  this,  Cuba  occupies  a  phenomenal 
position  to  the  United  States,  under  the  Monroe 
doctrine,  which  receives  renewed  vigor  and  life 
from  Mr.  Cleveland's  earnest  reiteration  of  it. 
While  we  admit  that  Cuba  is  a  lawfully  con- 
stituted colony  of  Spain,  we  do  not  admit  that  she 
could  be  ceded,  or  transferred,  to  any  European 
power.  The  ownership  of  Spain  of  the  Island  is 
not  absolute,  it  is  united  and  controlled  by  the 
doctrine  of  Monroe,  which  clearly  distinguishes 
the  case  from  one  where  the  mother  country  pos- 
sessed an  absolute  power  of  ownership  and  control. 

The  Monroe  doctrine  gives  the  people  of  this 
country,  irrespective  of  other  claims,  a  deep  in- 
terest in  the  present  and  future  destinies  of  the 
island. 

As  the  natural  or  geographical  relation  of  one 
country  to  another  may  not,  jper  se,  justify  its 
seizure  by  the  stronger  power,  the  same  conclusion 
can  be  admitted  in  regard  to  political  and  moral 
relations. 

The  bare  fact  that  Cuba  is  owned  and  controlled 
by  monarchical  Spain,  and  that  her  people  are  not 
enjoying  as  full  a  share  of  political  liberty  as  the 
people  of  the  United  States,  would  not  justify 
our  government  in  liberating  the  former,  or  ex- 
tending aid  to  a  revolution,  against  the  mother 
country,  with  whom  we  are  at  peace.  But  when, 
added  to  geographical  or  natural,  political  and 
moral,  considerations,  we  feel,  and  know,  that  the 
Cubans  are  determined  to  separate  from  the  mother 
country,  when  we  know  that  the  people  are  living 
under  the  influences  of  almost  absolute  despotic 


9 


power,  and  they  directly  appeal  to  us  for  aid,  then 
singly  and  together  these  facts  justify  us  in  helping 
the  insurgents  in  their  struggle ;  and  the  principles 
of  international  law  will  thoroughly  support  us,  in 
extending  assistance  to  them. 

Then  lastly,  the  United  States  has  relations  with 
Cuba  of  a  most  extensive  commercial  character.  Our 
citizens  are  owners  of  property  in  Cuba  to  an  enor- 
mous extent ;  and  the  business  interests  of  the  two 
countries  are  so  complicated  and  involved  that  they 
are  practically  inseparable.  The  merchants  here  feel 
every  pulsation  of  the  war.  and  their  property, 
business  and  rights  are  constantly  jeopardized  and 
in  juried  by  it.  There  is  a  universal  belief  in 
mercantile  circles  that  the  separation  of  Spain  from 
Cuba  would  most  materially  increase  the  general 
business  between  the  two  countries ;  and  that  Cuba, 
so  prolific  and  fertile  in  her  soil  and  productions^ 
would  be  enabled  to  develop  her  resources  more 
than  ten-fold  over  her  present  trade. 

Our  exports  to  Cuba  are  between  eighteen  and 
twenty-iive  millions  of  dollars  a  year  (they  were 
twenty-five  millions  in  1893);  while  the  imports 
are  from  sixty-five  to  seventy-five  millions,  reach- 
ing the  latter  figure  in  1893.  There  is  no  question 
but  that  the  domination  of  Spain  over  Cuba  ma- 
terially retards  the  latter' s  prosperity ;  and  while 
a  revenue  of  nearly  twenty-six  millions  is  collected 
yearly  from  her  by  Spain,  there  was  a  deficit  in 
her  budget  account  of  from  six  to  eight  millions 
the  year  before  the  war  commenced. 

The  expectation  of  increasing  our  trade,  and  de- 
veloping the  resources  of  that  wonderful  isle,  to 
their  full  extent,  is  a  great  temptation  to  our  mer- 
chants to   advocate  separation ;    and  we  must,  in 


10 


considering  the  question,  be  very  careful  not  to  per- 
mit these  mercenary  motives  to  overcome  our  judg- 
ment and  to  interfere  with  the  duties  which  we 
owe   the  mother  country. 

Just  here,  however,  the  history  of  this  continent 
for  the  past  70  years,  comes  in  with  irresistible 
force  in  favor  of  the  separation.  Say  what  we  will, 
argue  as  we  please,  the  inexorable  facts  teach  us 
that  the  powers  of  Europe  must  soon  forever  relax 
their  grip  upon  this  hemisphere ;  and  that  the  inevi- 
table result  is  the  absolute  independence  of  each 
individual  State. 

Here  then,  briefly  stated,  are  the  grounds  upon 
which  the  interests  of  the  United  States  in  this 
struggle  are  built.  Is  she  justified?  Need  we  go 
any  further  in  the  discussion?  Did  any  nation  ever 
show  stronger  grounds  for  intervention? 

Geographically  and  naturally  Cuba  belongs  to 
us — that  is,  by  what  is  known  as  the  law  of  vicinage 
(a  doctrine  strongly  supported  by  Mr.  Webster), 
and  we  would  be  justified  in  encouraging  the  revo- 
lutionists. Politically  and  morally  she  ought  to, 
and  will,  be  a  Republic;  and  commercially  our  in- 
terests in  the  island  are  so  great  that  the  best 
writers  upon  international  law  justify  us,  upon  the 
doctrine  of  self  preservation,  in  intervening  to  save 
and  protect  the  property  and  rights,  and  advance 
the  interests  and  commerce  of  our  own  citizens. 

But  there  might  exist  cases  in  which  even  a  com- 
bination of  geographical  or  natural,  political  or 
moral,  and  commercial  interests,  would  not  justify 
the  intervention  of  one  nation  in  the  quarrels  of 
another.  It  will  be  well  to  rest  the  justification  of  the 
United  States  Government  in  intervening  upon  even 
broader  grounds  than  these  referred  to.     We  must 


11 


then  institute  an  inquiry  into  the  relations  existing 
between  Spain  and  Cuba,  to  endeavor  to  ascertain 
the  causes  which  led  to  the  present  outbreak,  to 
see  if  we  can  find  in  this  history  anything  that  adds 
strength  to  the  conclusion  already  reached. 

Political  revolutions,  like  physical  disorders,  do 
not  frequently  break  out  without  cause.  There 
must  be  some  lurking,  dangerous  disease,  which 
lies  at  the  bottom  of  these  upheavals,  and  which 
periodically  affects  a  land  so  attractive  and  rich  as 
is  this  isle. 

If  a  nation  at  any  time  intervenes  in  a  neighbor's 
quarrel  with  her  colony  it  is  refreshing  at  least  to 
know  that  the  latter  has  right  upon  her  side. 

To  comprehend  the  causes  of  these  uprisings  in 
Cuba,  it  is  essential  to  have  a  knowledge  of  the  sys- 
tem of  government  which  prevails  there.  Are  these 
uprisings  the  mere  result  of  passions,  excited  by 
socialism,  by  anarchy,  by  crime?  Are  they  un- 
founded and  unjust  attempts,  upon  the  part  of  the 
people  of  that  island,  to  overthrow  a  free,  liberal 
and  stable  government?  Or  does  the  fault  lie  on 
the  part  of  Spain?  Are  the  people  uprising  to 
overturn  an  oj^pressive  and  tyrannical  govern- 
ment? Is  it,  on  the  part  of  the  people,  a  battle 
for  freedom,  for  fundamental  rights?  This  is  the 
issue.  Unfortunately  for  Spain,  every  question 
must  be  decided  against  her. 

Since  1825  Cuba  has  been  ruled,  off  and  on,  by 
a  pure  despotism ;  and  the  people  have  been  gov- 
erned by  the  sole  and  sovereign  will  of  the  Captains- 
General,  unchecked  by  constitution  or  laws.  This 
tyrannical  authority  has  not  been  usurped  by  these 
officials,  but  extraordinarily  to  relate,  it  has  been 
thrust  upon  them.     They  have  been   officially  and 


12 


regularly  invested  with  despotic  prerogatives,  and 
are  now  acting  under  a  royal  decree,  solemnly  pro- 
mulgated by  the  Spanish  King  and  confirmed  by 
the  Government.  This  decree  confers  upon  these 
officials  powers  which  are  not  possessed  by  any 
recognized  monarch,  Czar,  Sultan  or  potentate  in 
the  civilized  or  uncivilized  world. 

If  a  constitution,  such  as  Cuba  has  lived  under 
since  1825,  were  proposed  to-day  as  a  rule  of  gov- 
ernment in  any  barbaric  country  in  the  world,  it 
would  produce  a  revolution. 

This  royal  decree,  the  most  extraordinary  politi- 
cal document  extant,  was  issued  on  the  28th  of 
March,  1825,  by  Ferdinand  VII.,  an  open  and  pro- 
found hater  of  all  constitutional  law,  and  it  stands 
to-day  unrevoked  and  unrecalled.     I  give  it  in  full : 

"  His  Majesty,  the  King,  our  lord,  desiring  to 
obviate  the  inconveniences  which  might  result  in 
extraordinary  cases  from  a  division  of  commandy 
and  from  the  interference  of  powers  and  preroga- 
tives of  the  respective  officers ;  for  the  important 
end  of  preserving  in  that  precious  island  his  legiti- 
mate sovereign  authority  and  public  tranquillity 
through  proper  means,  has  resolved,  in  accord- 
ance with  the  opinion  of  his  Council  of  Ministers, 
to  give  to  your  Excellency  the  fullest  authority, 
bestowing  upon  you  all  the  powers  which  by  the 
Royal  ordinances  are  granted  to  the  governors  of 
besieged  cities.  In  consequence  of  this  his  Majesty 
gives  to  your  Excellency  the  most  complete  and  un- 
bounded power,  not  only  to  send  away  from  the 
island  any  persons  in  office,  whatever  be  their  occu- 
pation, rank,  class  or  condition,  whose  continuance 
therein  your  Excellency  may  deem  injurious,  or 
whose  conduct,  public  or  private,  may  alarm  you. 


13 


replacing  them  with  persons  faithful  to  his  Majesty, 
and  deserving  of  all  the  confidence  of  your  Ex- 
cellency, hut  also  to  suspend  the  execution  of  any 
order  whatsoever,  or  any  general  promslon  made 
concerning  any  breach  of  the  administration  as 
your  Excellency  may  think  most  suitable  to  the 
royal  sermce. 

For  the  purpose  of  obviating  "inconveniences" 
vv^hich  might  result  from  a  "  division  of  command  " 
for  the  important  end  of  preserving,  in  that  pre- 
cious island,  his  legitimate  sovereign  authority  and 
public  tranquillity,  through  proper  means,  the 
King  of  Spain  bestows  "  all  the  powers  which  by 
the  royal  ordinances  are  granted  to  the  governors 
of  besieged  cities." 

By  this  extraordinary  edict,  Cuba  was  proclaimed 
to  be  under  perpetual  martial  law,  and  the  auto- 
cratic powers  of  a  military  commander  were  be- 
stowed upon  the  Captains-General.  It  abolished 
all  rules  and  principles  of  law,  and  all  forms  of 
procedure.  It  created  a  despotism  pure  and  simple. 
The  lives,  the  liberties  and  the  property  of  the  peo- 
ple of  Cuba  were  placed  in  the  hands  of  this  offi- 
cially decorated  despot.  The  King  of  Spain,  with 
one  dash  of  his  pen,  ordained  this  tyranny  and 
blotted  out  all  possible  freedom  in  Cuba. 

There  was  no  exceptional  situation  which  author- 
ized the  promulgation  of  this  phenomenal  decree. 
Ferdinand  VII.  had  been  deposed,  and  a  constitu- 
tional government  substituted  in  place  of  a  pure 
monarchy.  Recovering  his  throne  by  the  aid  of 
100,000  French  soldiers,  acting  under  the  orders  of 
a  French  King,  Ferdinand  believed  that  the  only 
way  to  hold  Cuba  was  to  enslave  her,  and  to  keep 


14 

her  under  the  influence  of  a  despotism.  The  policy 
then  inaugurated  has  been  consistently  continued. 

It  is  almost  impossible  to  use  temperate  language 
in  discussing  this  document ;  it  is  not  aimed  at 
any  individual  or  individuals.  It  does  not  seek  to 
curtail  or  restrict  the  rights  or  property  of  specified 
persons ;  it  is  a  chart  by  which  the  Captains-Gen- 
eral are  to  govern  all  of  the  citizens  of  Cuba ;  it 
is  a  grant  of  wholesale,  despotic,  powers;  it  was  a 
plenary  decree  against  liberty  and  Justice. 

If  there  had  been  anything  in  the  history  of 
Cuba,  at  that  time,  to  temporarily  justify  the  issu- 
ance of  such  a  measure,  certainly  it  should  have 
been  recalled,  or  revoked,  after  peace  and  tran- 
quility had  been  restored.  But  it  has  remained 
in  mgore,  unrevoked  and  unrecalled,  in  whole  or 
part.  It  has  been  a  perpetual  menace  to  the  in- 
habitants of  Cuba.  It  is  a  reservoir  of  tyrannical 
power  from  which  the  Captains-General  from  time 
to  time  could  draw  authority  to  support  and  jus- 
tify any  despotic  acts,  against  life,  liberty  or  prop- 
erty, which  they  chose  to  commit.  There  is  not 
one  word  in  this  remarkable  document  which  cur- 
tailed the  power  of  the  Captains-General,  nor  any 
reservation  in  favor  of  the  rights  or  privileges  of 
the  citizens  of  Cuba.  Not  one  syllable  which  im- 
presses upon  the  Captain  General  the  necessity  of 
not  infringing  the  liberties  of  the  people.  But  a 
general,  unlimited  and  unrestricted,  power  of  attor- 
ney, a  carte  hlanclie  to  this  official,  to  do  anything, 
which  ' '  His  Excellency  may  think  most  suitable 
to  the  royal  service," 

Now,  there  are  certain  principles  which  under- 
lie all  human  society,  which  are  called  the  absolute 
rights  of  individuals.      I  mean  those  undisputed 


15 


and  inherent  privileges  which  every  man  can  right- 
fully claim  from  a  government.  Those  sacred 
rights  which  are  born  with  him,  and  which  are  as 
necessary  to  his  existence  as  the  faculties  of  eating, 
of  sleeping,  and  of  breathing ;  and  which,  if  they 
are  denied  to  him,  give  him  according  to  every  re- 
sponsible authority  the  right  of  rebellion ;  renders 
him  the  just  object  of  sympathy  to  all  lovers  of 
truth  and  freedom ;  and  justifies  any  nation  in  suc- 
coring and  supporting  him  in  his  efforts  for  lib- 
erty. 

The  basis  of  all  social  compacts  rests  upon  an 
implied,  but  perfectly  defined,  contract.  The  king, 
or  state,  or  sovereign  power,  agrees  on  his,  or  its 
part,  to  furnish  protection  to  the  subject,  to  his 
person,  rights  and  property.  The  subject  agrees 
to  furnish  loyalty,  to  obey  the  laws,  to  support  the 
state.  The  contract  is  not  unilateral,  it  is  recip- 
rocal. 

The  rights  of  the  subject  are  equally  as  impor- 
tant as  those  of  the  sovereign.  The  rights  of  tlie 
subject,  and  the  prerogative  of  the  sovereign,  must 
always  be  clearly  defined  and  understood,  else  con- 
fusion and  disorder  will  creep  into,  and  eventually 
overthrow,  any  government. 

I  mean  to  assert  this  as  a  j)rinciple  of  universal 
natural  law :  That  where  the  subjects  of  any 
country  are  deprived  of  the  unalienable  and  abso- 
lute rights  of  individuals,  that  such  people  are  jus- 
tified by  rebellion,  force,  or  any  other  means,  in 
rescuing  themselves  from  the  power  that  liolds 
them  in  subjection;  and  that  any  outside  civilized 
nation  has  the  right,  and  it  is  its  duty,  to  acknowl- 
edge the  belligerency  of  such  people ;  nay  to  suc- 
cor and  support  them  in  their  attempt  to  liberate 


16 


themselves.  And  most  impressively  does  the  rule 
apply  to  a  case  where  the  relations,  geographical, 
natural,  political,  moral  and  commercial,  are  such 
as  exist  between  Cuba  and  the  United  States. 

As  allegiance  is  the  tie,  or  ligament,  which  binds 
the  subject  to  the  king,  in  return  for  that  protec- 
tion which  the  king  affords  the  subject,  it  follows 
logically,  naturally  and  morally,  that  when  the 
king  ceases  to  protect,  the  tie  is  dissolved,  and  the 
subject  relieved  from  allegiance  or  loyalty. 

I  will  cite  two  illustrious  precedents  for  this 
proposition,  which  no  one  can  dispute,  because 
they  constitute  the  corner  stones  of  two  of  the 
greatest  governments  in  the  world — the  United 
States  and  France. 

The  declaration  of  the  United  States  on  the  eve 
of  her  separation  from  England  is  this : 

"  We  hold  these  truths  to  be  self  evident,  that 
all  men  are  created  equal,  that  they  are  endowed,  by 
their  Creator,  with  certain  unalienable  rights,  that 
among  these  are  life,  liberty,  and  the  pursuit  of 
happiness.  That  to  secure  these  rights,  govern- 
ments are  instituted  among  men,  deriving  their 
just  powers  from  the  consent  of  the  governed, 
that  whenever  any  form  of  government  becomes  de- 
structive of  these  ends,  it  is  the  right  of  the  people 
to  alter  or  to  abolish  it,  and  to  institute  new  govern- 
ment, laying  its  foundation  on  such  principles  and 
organizing  its  powers  in  such  form  as  to  them  shall 
seem  most  likely  to  effect  their  safety  and  happi- 
ness. Prudence,  indeed,  will  dictate,  that  govern- 
ments long  established,  should  not  be  changed  for 
light  and  transient  causes ;  and  accordingly  all  ex- 
perience hath  shown,  that  mankind  are  more  dis- 
posed to  suffer,  while  evils  are  sufferable,  than  to 


17 


right  themselves  by  abolishing  the  forms  to  which 
they  are  accustomed.  But  when  a  long  train  of 
abuses  and  usurpations,  pursuing  invariably  the 
same  object,  evinces  a  design  to  reduce  them  under 
absolute  despotism,  it  is  their  right,  it  is  their 
duty,  to  throw  off  such  government,  and  to  pro- 
vide new  guards  for  their  future  security." 

And  the  French  people  reiterated  this  declara- 
tion of  the  rights  of  men  in  1793  : 

"'The  object  of  society  is  the  general  welfare. 
Government  is  instituted  to  secure  to  man  the  free 
use  of  his  unalienable  rights.  These  rights  are 
liberty,  equality,  security,  property. 

"When  government  violates  the  rights  of  the 
people,  insurrection  of  the  people,  and  of  every 
single  part  of  it,  is  the  most  sacred  of  its  rights  and 
the  highest  of  its  duties." 

(Declaration    of    the   Rights   of   Man  by  the 
French  People,  1793.) 

Now,  what  are  the  absolute  rights  of  individuals 
of  which  I  am  speaking?  They  are  threefold: 
First,  the  right  of  personal  security ;  second,  the 
right  of  personal  liberty ;  and,  third,  the  right  of 
private  property. 

I  repeat,  that  any  state,  which  deprives  its  citizens 
of  these  fundamental  prerogatives  of  man,  is  a  des- 
potism, and  that  the  people  are  justified  in  revolu- 
tion, and  that  it  is  not  only  the  right,  but  it  is 
the  duty,  of  every  other  civilized  nation  to  assist 
and  support  them  in  such  a  revolution.  Irrespec- 
tive of  geographical  or  natural,  political  or  moral, 
and  commercial  reasons,  or  combined  with  each 
and  all  of  them,  here  is  a  safe  and  secure  founda- 
tion upon  which  the  United  States  can  rest  her 
right  to  intervene  in  the  cause  of  Cuba,  if  it  can  be 


18 


shown  that  these  invaluable  prerogatives  of  man  are 
denied  to  the  inhabitants  of  that  island.  In  this 
secure  harbor,  the  United  States  can  safely  rest,  and 
defy  adverse  criticisms  of  her  conduct,  in  recogniz- 
ing these  insurgents. 

Let  us,  therefore,  proceed  to  discover  what  these 
absolute  rights  are.  The  first  and  most  important 
is  the  great  right  of  personal  security,  which  means 
that  every  individual  is  entitled  to  the  rational  and 
legal  enjoyment  of  life,  limb,  body,  health  and  rep- 
utation. It  is  not  only  enjoined  upon  us  by  Divine 
command  to  grant  this  right  to  individuals,  but 
without  its  existence  no  government  is  entitled  to 
any  respect  or  support,  either  from  its  own  citizens 
or  from  anybody  else.  This  right  means  that  a 
man's  life  shall  not  be  taken  from  him  without 
just  cause,  without  trial,  without  ceremony.  It 
means  that  no  being  on  the  face  of  the  earth,  no 
matter  how  powerful  and  great,  can  be  invested 
with  the  authority  to  destroy  these  invaluable  priv- 
ileges upon  his  mere  notion,  whim,  caprice  or  ipse 
dixit.  The  very  thought  of  the  existence  of  such 
authority  is  shocking  and  revolting  to  every  humane 
and  civilized  instinct.  Yet  the  Captain-General  of 
Cuba  has  this  phenomenal  and  extensive  power, 
under  the  decree  of  1825 ;  and  the  lives,  the  limbs, 
the  bodies,  the  health  and  the  reputations  of  the 
subjects  of  Cuba  are  all  placed  in  the  palm  of  his 
hand.  He  has  the  sole  and  absolute  domination 
over  these  people,  without  any  redress  and  without 
any  appeal  from  a  cruel  or  unjust  exercise  of  his 
power. 

Defined  offenses,  regular  accusations,  open  and 
preliminary  examinations,  formal  indictments, 
trials  by  jury,  regular  convictions  and  sentences,  a 


19 

civilized  system  of  criminal  procedure — all  of  these 
things,  so  precious  to  the  Anglo-Saxon  race,  so  dear 
to  all  nations,  have  been,  and  may  be,  substantially 
wiped  out  in  the  government  of  Cuba  under  this 
extraordinary  regime. 

Now,  it  may  be  said  that,  although  this  decree 
of  1825  is  unrepealed,  it  has  lain  dormant  in  the 
hands  of  the  Captains-General,  and  that  it  is  prac- 
tically a  dead  letter.  This  is  not  true,  and  there 
are  many  living  witnesses,  and  much  historical  evi- 
dence, to  show  that  the  powers  therein  contained 
have  been,  in  numerous  instances,  cruelly  and  even 
barbarously  exercised. 

It  is  true  that  there  are  courts  in  Cuba,  and 
judges,  and  all  the  formal  machinery  of  a  legal  and 
political  system  can  there  be  found ;  but  behind 
these  forms  stalks  the  ghost  of  despotism,  fright- 
ening order  and  justice  from  their  seats.  The  forms 
and  machinery  of  the  law  have  been  sheer  mock- 
eries, travesties  upon  substantial  justice. 

It  is  uncontradicted  history  that  the  theory  of 
the  Spanish  kings  in  governing  Cuba  has  been  to 
hold  her  in  close  subjection.  The  Spaniards  have 
believed  that  the  only  method  of  preventing  the 
independence  of  Cuba,  and  her  separation  from  the 
mother  country,  was,  and  is,  to  rule  the  Cubans 
with  a  hand  of  iron ;  and  while  the  powers  of  the 
Captains-General  may  have  been  latent,  they  were 
ready  to  spring  into  actual  life  and  use  upon  any 
propitious  occasion. 

The  next  absolute  right  of  individuals  is  that  of 
personal  liberty,  which  means  the  free  power  of 
locomotion,  without  illegal  restraint  or  banishment. 
This  essential  principle  is  also  utterly  rejected  in 
the    government  of    Cuba.      No   subject  of  that 


20 

country  exercises  or  enjoys  the  right  of  personal 
liberty.  His  movements  are  curtailed  and  guarded ; 
he  dwells  under  a  constant  system  of  espionage, 
and  he  cannot  move  a  single  step,  without  being 
subjected  to  explanation  and  arrest,  at  the  will  of 
the  Cuban  authorities.  The  power  of  coming  and 
going  as  he  pleases,  subject  only  to  proper,  reason- 
able and  legal  restraint,  is  denied  to  him.  The 
Captain- General  can  restrain  him,  or  banish  him, 
according  to  his  mighty  pleasure. 

Then,  two  striking  and  indispensable  elements  of 
a  progressive  government  are  lacking  in  Cuba, — a 
free  and  unlicensed  press,  and  the  right  of  the 
people  to  meet  together  to  discuss  public  questions. 
It  is  a  pure  waste  of  time  and  space  to  elaborate 
the  importance  of  these  two  primary  rights. 

If  a  free  press,  and  the  right  of  public  discussion, 
had  existed  in  Cuba,  an  entirely  different  state  of 
affairs  might  have  prevailed  between  the  colony 
and  the  mother  country  to-day  ;  but  the  Spaniards 
have  adhered  strictly  to  one  rule,  namely,  to  govern 
these  people  despotically,  and  although  desultory 
protests  have  been,  from  time  to  time,  heard  in 
Spain  and  in  Cuba  against  the  system,  they  have 
been  without  avail.  Deputies  said  in  the  Cortes  in 
1872:  "Cuba  is  sunk  under  an  inundation  of 
abuses,  and  2.  plus  ultra  is  impossible  unless  in- 
deed the  extermination  of  the  whole  island  be  de- 
creed." "  Cuba  is  groaning  under  the  scourge  of 
arbitrary  power ;  there  is  no  law,  no  code,  no  con- 
stitution." "  Send  back  the  twelve  thousand  vul- 
tures who  are  devouring  Cuba."  Froude  says: 
"  The  government  is  unimaginably  corrupt  and  the 
fiscal  policy  oppressive  and  ruinous." 

Added  to  all  these  things  is  the  excessive  and 


21 


monstrous  taxation  under  which  the  Cuban  people 
have  labored.  1,600,000  people  have  been  taxed 
$34,000,000  a  year,  $26,000,000  of  which  has 
actually  been  returned  as  collected.  This  is  pure 
confiscation.  It  is  a  practical  deprivation  of  the 
right  of  private  property ;  that  is,  the  right  of  en- 
joying property  without  illegal  restraint  or 
diminution. 

Nothing  illustrates  the  prodigious  resources  and 
natural  wealth  of  Cuba  more  than  this  striking  fact : 
that  a  population  of  1,600,000  people  are  able  to 
pay  $34,000,000  a  year  in  taxation.  It  shows  that 
Cuba  is  a  never-failing  gold  mine.  The  Cubans 
fight  for  the  control  and  management  of  their  own 
property ;  and  the  Spaniards  are  desperately  re- 
solved not  to  let  go  such  a  rich  prey.  What  Cuba 
would  be  able  to  do  as  an  independent  state,  with- 
out the  heavy  hand  of  this  foreign  power  upon  its 
neck,  any  ordinary  imagination  can  readily  con- 
ceive. 

What  have  the  Cubans  received  from  the  Span- 
ish government  in  return  for  the  colossal  sums  of 
money  which  they  have  poured  into  the  Spanish 
treasury?  Out  of  this  $26,000,000  collected  from 
them,  about  $11,000,000  has  been  applied  to  pay 
the  interest  on  a  debt  contracted  by  Spain  in  x)ut- 
ting  down  the  last  rebellion.  Hardly  a  dollar  of 
this  enormous  revenue  has  been  devoted  to  public 
purposes.  There  are  no  i)rimary  schools  sup- 
ported and  encouraged  by  the  government;  the 
few  there  existing  being  the  result  of  municipal 
support.  Great  libraries,  internal  improvements, 
and  all  those  auxiliaries  that  are  to  be  found  in 
modern  states  are  absent  in  that  island. 

When  we  come  to  examine  into  the  executive. 


22 

administrative  and  judicial  branches  of  the  govern- 
ment, the  picture  of  the  distress  which  exists  in 
Cuba  is  heightened  and  inflamed.  The  executive 
power  of  Government  is  the  Cai)tain-General,  who 
exercises  his  privileges  without  restraint,  control 
or  direction.  Tlie  government  of  the  island  largely 
depends  upon  the  temperament,  and  character,  of 
the  official  who  holds  the  office.  If  it  happens  to 
be  filled  by  a  faithless,  dishonest  and  ignorant  of- 
ficial, the  citizens  must  suffer.  If  it  falls  to  the 
lot  of  a  man  of  judgment  and  character,  they  enjoy 
a  fuller  share  of  liberty  and  happiness ;  but  let  the 
power  be  lodged  in  whosesoever  hands  it  may,  the 
people  of  Cuba  cannot  enjoy  the  government  which 
they  desire. 

The  Captain-General  is  not  a  Cuban.  He  is  a 
foreigner.  In  his  appointment  the  Cuban  people 
have  no  voice  or  power,  and  the  placing  of  such 
phenomenal  authority  in  the  hands  of  a  stranger  is 
contrary  to  all  the  modern  ideas  of  government. 
It  is  no  answer  to  this  assertion  to  say  that  the 
Captain -General  is  of  the  same  race  and  language. 
The  English  were  of  the  same  race  and  language  as 
the  Americans,  but  their  officials  were  no  less  dis- 
tasteful ;  and  as  a  matter  of  history,  a  contest  be- 
tween persons  of  the  same  race  and  language  is 
generally  much  more  keen  and  bitter  than  one  be- 
tween strangers. 

The  governership  of  Cuba  is  to-day  the  fattest 
and  most  coveted  office  in  the  gift  of  the  Spanish 
government.  It  is  a  notorious  fact  that  their  in- 
come is  made  up  largely  from  plunder,  and  when 
their  greed  is  satisfied  they  return  to  Spain  and  en- 
I  joy  their  ill-gotten  gains.  Although  the  revenues 
of  the  island  of  Cuba  amount,   as  I  have  said,  to 


23 


nearly  $26,000,000  a  year,  there  is  a  deficiency  of 
$6,000,000  to  $8,000,000  annually,  although  enough 
is  collected  to  pay  the  excessive  demands  of  the 
Spanish  government,  if  the  revenue  was  not  stolen. 

When  we  come  to  the  administrative  branch  of 
the  government,  we  find  an  equally  deplorable  con- 
dition prevailing.  It  includes  all  of  the  officers 
engaged  in  the  affairs  of  Cuba,  except  the  executive 
and  judicial.  The  most  important  of  these  are  the 
agents  who  manage  its  customs  and  revenues,  and 
striking  illustrations  may  be  borrowed  from  these 
sources  of  the  deplorable  inefiiciency  of  the  govern- 
ment. The  natives  of  Cuba  are  practically  unrep- 
resented in  the  administration  of  Cuban  affairs.  At 
least  ninety  per  cent,  of  all  these  officials  are 
Spaniards,  and  the  natives  are  debarred  from  all 
voice,  control  or  participation  in  the  government. 
These  Spaniards  have  no  interest  in  Cuban  affairs 
which  impels  them  to  properly  perform  their  duties, 
beyond  a  motive  of  personal  aggrandizement  and 
riches.  Their  main  object  is  plunder,  and  the  re- 
sult is  corruption  in  every  branch  of  the  adminis- 
tration. It  is  stated  upon  the  best  authority  that 
duties  are  collected  upon  only  40  per  cent,  of  the 
goods  imported,  and  that  the  other  60  per  cent,  of 
dutiable  merchandise  is,  by  the  connivance  of  the 
officials,  smuggled  into  Cuba  free  of  duty,  the 
amount  thereof  being  divided  as  follows :  40  per 
cent,  to  the  importers,  40  per  cent,  to  the  in- 
spectors and  collectors  and  20  per  cent,  to  minor 
officials. 

The  judicial  branch  of  the  government  is  on  a 
par  with  the  others.  The  most  essential  feature  of 
a  judiciary  in  a  monarchical  form  of  government, 
is  its  independence.     The  judges  act  as  a   barrier 


24 


against  the  wrongful  assaults  of  the  crown.  They 
guard  the  rights  of  the  subject  from  the  injustice 
of  the  ruler.  Nothing  is  more  striking  in  English 
history  than  the  fearlessness  and  independence  of 
the  judges  in  times  when  the  rights,  liberties 
and  property  of  Englishmen  were  threatened  or 
assailed.  Nothing  has  done  more  to  build  up  the 
free  and  liberal  government,  which  there  exists 
than  the  continued  assertion  of  the  rights  of  the 
people  by  the  English  judiciary.  What  is  the 
effect?  In  England  you  find  an  incorruptible  and 
faithful  body  of  judges  administering  justice,  not 
infallibly,  it  is  true,  but  fairly,  honestly  aad  im- 
partially. In  Cuba  how  different  is  the  system. 
Ninety  per  cent,  of  the  judges  are  Spaniards,  in- 
fluenced by  no  consideration  except  to  obey  the 
wishes  of  the  crown  and  to  enforce  the  illiberal 
policy  of  the  Spanish  executive.  Their  tenure  of 
office  rests  upon  the  smiles  of  the  Captain-General. 
Why  should  the  Cubans  be  excluded  from  these 
positions?  Why  should  not  the  Cubans  be  judged 
by  their  own  citizens ;  by  those  born,  raised  and 
domiciled  in  the  island? 

I  have  thus,  by  endeavoring  to  make  a  compari- 
son between  the  government  of  Cuba  and  a  govern- 
ment where  the  inhabitants  enjoy  their  absolute 
rights,  sought  to  show  the  present,  political,  finan- 
cial and  moral  condition  of  that  island.  To  sum 
up  the  matter  in  a  few  words,  the  conceded  facts 
are: 

First. — That  the  Cubans  have  no  voice  or  control 
in  the  government  of  their  country ; 

Second. — They  have  no  substantial  represent- 
ation  in   the   Spanish   Cortes,  which   directs  and 


25 

controls  their  destinies,  their  representation  being 
formal,  indeed,  grotesque. 

Third. — They  have  no  free  press ; 

Fourth, — The  right  of  meeting  together  to  dis- 
cuss public  questions  is  denied  them  ; 

Fifth. — There  is  no  well  regulated  system  of 
public  education  in  the  island ; 

Sixth. — They  are  taxed  to  a  degree  which  results 
in  the  confiscation  of  their  property ; 

Seventh. — The  prerogatives  of  the  Spanish 
crown  in  the  government  of  Cuba  are  undefined, 
and  the  result  is  that  the  Spanish  policy,  in  its 
management  of  the  people  of  Cuba,  is  entirely  dic- 
tated by  a  desire  to  extort  from  them  all  the  money 
necessary  to  support  that  rotten  and  falling 
dynasty ; 

Eighth. — The  Spanish  government  has  sent  into 
the  island  a  horde  of  greedy  and  unconscionable 
officials,  who  rob  both  the  Spaniards  and  the 
Cubans,  and  who  have  instituted  and  established  in 
the  island  a  system  of  corruption  which  runs 
through  all  the  branches  of  the  government. 

These  are  the  principle  features  which  attract  the 
attention  of  an  independent  mind  in  investigating 
the  causes  of  the  present  rebellion.  It  is  unneces- 
sary to  picture  any  of  the  subordinate  or  minor 
evils  which  exist  in  that  unhappy  island.  Stand- 
ing out  in  bold  relief  is  the  policy  of  Spain  to  liold 
Cuba  merely  for  mercenary  and  selfish  purposes. 
No  consideration  of  progress,  of  liberty,  of  justice, 
of  improvement,  have  been  allowed  to  interfere 
with  this  dominating  passion.  To  carry  out  her 
policy,  she  has  endeavored  to  keep  Cuba  isohited 
and  aloof  from  the  outside  world,  by  denying  her 
the  privileges  of  a  liberal  government,  and  closing 


26 


all  the  doors  through  which  the  Cubans  might  pass 
into  a  freer  and  more  independent  state.  So  jealous 
has  she  been  of  the  effects  and  influences  of  mod- 
ern and  liberal  life,  that  she  has  interdicted  the 
people  from  even  educating  their  sons  in  the 
United  States. 

These  are  the  plain,  bald  facts,  which  confront 
the  American  people  in  their  investigation  of  this 
serious  question ;  and  it  only  remains  to  inquire 
whether,  upon  all  of  the  facts,  looking  at  the  mat- 
ter calmly  and  dispassionately,  they  are  sufficient 
to  interest  this  government  in  the  Cuban  revolu- 
tion ;  whether  they  are  sufficient,  whether  they  are 
adequate,  under  principles  of  international  law, 
to  justify  us  in  extending  aid  and  encouragement 
to  the  people  engaged  in  seeking  to  throw  off  the 
despotic  government  under  which  they  are  now 
compelled  to  live. 

Now,  there  are  two  courses  open  to  this  govern- 
ment in  her  dealings  with  this  question,  if  she 
decides  to  become  interested  in  the  struggle.  She 
can  either,  first,  recognize  the  Cuban  insurgents  as 
belligerents ;  or,  second,  she  can  intervene  in  the 
quarrel  and  become  an  ally  of  Cuba  and  openly 
espouse  her  cause. 

First,  the  recognition  of  belligerency  means  sim- 
ply that  the  United  States  is  an  indifferent  specta- 
tor to  the  struggle,  but  that  she  is  prevailed  upon 
by  existing  conditions  to  recognize  the  revolution- 
ists as  a  de  facto  government,  an  existing  political 
organization,  and  entitled  to  the  rights  of  war. 

The  rule  of  international  law,  as  laid  down  by 
the  best  authorities  upon  the  subject,  is  that  until 
the  revolution  is  consummated,  and  whilst  the  civil 
war  involving  a  contest  for  the  government  con- 


27 


tinues,  other  states  may  remain  indifferent  specta- 
tors of  the  controversy,  and  still  continue  to  treat 
the  ancient  government  as  sovereign,  and  the  gov- 
ernment ^e./ac^o  as  a  society,  entitled  to  the  rights 
of  war  against  its  enemy. 

In  this  case,  a  foreign  state  fulfills  all  its  obliga- 
tions under  the  law  of  nations,  and  neither  party 
has  any  right  to  complain,  provided  it  maintains 
an  impartial  neutrality. 

The  effect  of  the  recognition  by  this  government 
of  the  Cuban  rebellion  would  be  to  place  them  upon 
an  entirely  different  footing  from  that  which  they 
now  occupy. 

As  long  as  there  is  an  internal  contest  between 
Spain  and  Cuba,  and  no  recognition  of  belligerency 
is  accorded  by  foreign  governments  to  the  latter, 
the  struggle  partakes  of  revolution.  The  Cubans 
can  be  punished  as  traitors  to  the  mother  country, 
if  they  are  captured  on  land ;  or,  if  they  are  taken 
on  the  high  seas,  in  a  state  of  war  against  Spain, 
they  may  be  treated  by  that  power  as  pirates.  It 
is  nothing  but  a  famih^  quarrel  between  the  mother 
country  and  her  colony,  in  which  the  former,  if  she 
succeeds  in  putting  down  the  rebellion,  can  apply 
such  punishment  to  her  subjects,  disputing  her  su- 
premacy, as  she  deems  proper ;  but  when  the  Cuban 
insurgents  are  recognized  by  foreign  governments 
as  belligerents,  their  status  is  completely  changed, 
and  instead  of  being  traitors  and  pirates,  in  tlie 
estimation  of  the  law  of  nations,  they  are  simply 
carrying  on  a  war  against  Spain,  and  are  entitled 
to  all  the  rights  of  war. 

The  most  recent  and  illustrious  example  of  the 
effect  of  recognition  of  belligerency  is  to  be  drawn 
from  the  late  civil  war,  where,  almost  as  soon  as  the 


28 


Confederate  States  revolted  from  the  parent  gov- 
ernment, and  undertook  to  secede  from  the  Union, 
they  were  recognized  as  a  belligerent  power  by  Eng- 
land and  France.  For,  although  the  United  States 
"Government  did  everything  in  its  power,  by  argu- 
ment and  protestation,  both  here  and  abroad, 
through  its  ministers,  to  prevent  such  action,  their 
remonstrances  were  futile,  and  such  recognition 
was  accorded  by  these  two  great  powers  of  Europe 
almost  immediately  upon,  or  very  soon  after,  the 
commencement  of  the  Rebellion. 

The  United  States  had  no  just  cause  of  complaint 
against  England  and  France  for  recognizing  the 
Confederate  government  as  belligerents,  because  it 
was  a  matter  wholly  within  the  discretion  of  each 
of  these  sovereignties  to  decide  that  question  for 
themselves ;  and  they  argued  that  the  fact  that  the 
Confederates  had  organized  a  government,  had  de- 
clared a  war,  which  was  existing  in  its  full  extent, 
and  that  they  had  endeavored  to  separate  from  the 
Northern  States  by  an  organized  movement,  con- 
stituted circumstances  sufficient  to  justify  such 
recognition  of  belligerency. 

There  seems  to  be  very  little  dispute,  or  difference 
of  opinion,  between  writers  upon  international  law 
upon  the  question  as  to  when  the  right  of  recog- 
nition of  belligerency  may  be  exercised.  They  all 
agree  that  certain  conditions  must  exist  before 
belligerent  rights  should  be  accorded  to  a  revolting 
colony. 

A  state  of  things,  between  the  parent  state  and 
the  insurgents,  must  amount  in  fact  to  a  war,  in 
the  sense  of  international  law.  That  is,  powers 
and   rights  of  war  must  be  in  actual  existence ; 


29 


otherwise  the  recognition  is  falsified,  for  the  recog- 
nition is  of  a  fact. 

The  tests  to  determine  the  question  are  numer- 
ous, but  they  necessarily  vary  according  to  the 
peculiar  circumstances  of  each  case.  It  is  agreed, 
however,  on  all  sides,  that  the  following  are  essen- 
tial :  The  existence  of  a  de facto  political  organi- 
zation of  the  insurgents,  sufficient  in  character, 
population  and  resources  to  constitute  it,  if  left  to 
itself,  a  state  among  the  nations  of  the  world, 
reasonably  capable  of  discharging  the  duties  of  a 
state;  and  the  actual  employment  of  military 
forces  on  each  side,  with  the  rules  and  customs  of 
war. 

These  are  very  reasonable  conditions  to  exact  by 
foreign  powers  as  a  precedent  to  recognition, 
because  they  distinguish  actual  rebellion  from 
riotous  and  other  petty  disturbances,  to  which 
every  nation  is  more  or  less  subjected. 

Mr.  Wheaton,  one  of  the  leading  authorities  on 
this  topic,  argues  that  if  all  these  elements  exist, 
the  condition  of  things  is  undoubtedly  war,  and  he 
declares  that  it  may  be  war  before  they  are  all 
ripened  into  activity. 

Another  writer  lays  down  the  doctrine  that  in 
deciding  the  question  of  according  belligerent 
rights,  the  foreign  states  are  bound  and  entitled  to 
consider  the  preceding  Jdstory  of  tJie  j)arties. 

Another  principle  is  equally  well  settled ;  that 
it  is  for  the  government  according  the  recognition, 
to  decide  for  itself  whether  the  circumstances  sur- 
rounding the  revolution  are  of  such  a  character  as 
entitle  the  insurgents  to  belligerent  rights ;  but  if 
it  makes  the  recognition  prematurely,  it  is  liable 


30 


to  the  suspicion  of  an  unfriendly  purpose  to  the 
parent  state. 

It  must  be  borne  in  mind,  that  quite  naturally  a 
nation  within  whose  borders  a  revolution  is  raging 
always  bitterly  opposes  the  recognition  of  the  in- 
surgents, no  matter  how  serious  the  revolution  may 
prove  to  be,  or  what  its  causes  are ;  and  therefore 
it  is  practically  impossible  in  any  case  to  accord 
such  recognition  without  exciting  more  or  less  feel- 
ing. Hence  the  principle  above  adverted  to,  that 
when  recognition  has  been  determined  upon  by  a 
foreign  state,  it  furnishes  no  just  cause  of  com- 
plaint on  the  part  of  the  mother  country  against 
the  foreign  power  according  belligerent  rights.  If 
it  did,  no  recognition  would  ever  be  accorded,  be- 
<;ause  it  would  always  be  to  the  interest  of  the 
mother  country  to  remonstrate  against  it,  without 
regard  to  actual  conditions. 

The  question  as  to  the  time  when  such  belligerent 
rights  can  be  accorded  is  also  naturally  left  with 
the  foreign  powers.  That  is  a  question  which  must 
be  decided  by  a  consideration  of  all  the  circum- 
stances, surrounding  the  revolution.  In  many  in- 
stances foreign  powers  accord  immediate  recogni- 
tion, because  some  revolutions  are  accomplished 
qnickly  and  without  much  bloodshed. 

The  dethronement  of  Dom  Pedro  in  Brazil,  at  a 
moment  when  all  the  world  imagined  that  that 
Emperor's  reign  was  agreeable  to  all  his  subjects, 
is  a  striking  illustration. 

The  question,  therefore,  directly  occurs,  whether 
the  facts  surrounding  the  present  Cuban  rebellion 
are  such  as  justify  this  government  in  taking 
action  without  further  delay. 

I  strongly  urge  that  the  facts  which  I  now  give 


31 


fully  answer  that  question  in  favor  of  recogni- 
tion : 

First. — A  state  of  war  exists  between  Spain  and 
her  colony.  It  is  a  war  of  such  great  dimensions 
that  Spain  could  not  depend  upon  her  army  and 
navy,  regularly  stationed  in  Cuba  and  her  waters, 
aided  by  the  civil  power  and  her  constabulary 
forces,  to  suppress  it. 

The  rebellion  in  Cuba  is  not  a  riot  or  disturb- 
ance, which  could  be  quelled  by  the  ordinary  civil 
machinery  of  arrest  and  judicial  trials.  It  is  a 
real,  genuine  war,  and  not  a  sporadic  uprising  of 
a  few  discontented  and  unorganized  people  seeking 
some  temporary  object. 

So  important  and  widespread  is  the  war,  that 
Spain  has  been  compelled  to  import  a  large  army 
into  Cuba,  which  has  so  far  operated  most  unsuc- 
cessfully in  its  endeavor  to  quench  the  rebellious 
fire  which  there  rages. 

Second. — The  insurgents  have  organized  a  de 
facto  government.  They  have  adopted  a  constitu- 
tion, assumed  a  name,  have  a  liag,  and  all  the  other 
auxiliaries  of  a  regularly  constituted  nation. 

Neither  the  lack  of  money  on  the  part  of  Cuba, 
nor  her  ability  to  organize  a  jjowerful  and  com- 
bined army,  militates,  in  international  law,  against 
her  pretentions  for  recognition. 

If  these  things  were  a  necessary  condition  to  the 
accordance  of  belligerent  rights,  such  recognition 
would  be  useless,  because  if  Cuba  had  an  organized 
army,  more  powerful  than  that  of  Spain,  and  ani])le 
financial  resources,  she  would  soon  oust  Spain  from 
the  control  of  Cuba,  and  would  instantly  take  her 
place  among  the  nations  of  the  world,  and  recogni- 
tion would  follow  as  a  matter  of  course. 


32 


The  fact  that  Cuba  has  separate  but  small 
bodies  of  troops  operating  in  different  parts  of  the 
island  is  sufficient,  if  it  is  manifest,  from  the  sur- 
rounding circumstances,  that  these  things  produce 
a  state  of  actual  war. 

Third. — But  a  more  important  circumstance  than 
either  of  the  foregoing  exists  in  the  present  in- 
stance, namely,  the  preceding  history  of  Cuba. 
This  throws  a  flood  of  light  upon  the  rebellion  there 
existing,  and  enables  foreign  governments  to  de- 
termine without  much  difficulty  that  the  struggle 
is  one  of  importance  and  inaugurated  for  the  estab- 
lishment of  some  vital  principle  and  fundamental 
change. 

This  is  not  the  first  rebellion  that  Spain  has  been 
compelled  to  combat.  The  last  one  existed  nearly 
ten  years,  and  the  insurgents  only  desisted  from 
the  struggle  upon  receiving  promises  from  Spain 
that  deep  and  fundamental  reforms  would  be  made 
in  the  internal  government  of  the  island.  These 
promises  were  not  fulfilled ;  these  reforms  were 
never  established ;  and  the  Cubans  have  again  in- 
augurated a  struggle,  in  which  they  boldly  pro- 
claim that  there  will  be  no  compromise,  but  that 
the  fight  shall  proceed  to  extermination,  and  they 
have  incorporated  into  their  constitution  an  article 
which  proclaims  that  their  ultimatum  is  the  in- 
dependence of  Cuba. 

This  is  no  mere  sudden  ebullition  of  the  Cuban 
people ;  no  passionate  or  riotous  demonstration  of 
a  mob.  It  is  ^the  act  of  a  people  struggling  for 
freedom  after  repeated  attempts  to  live  under 
Spanish  despotism. 

This  government  is  bound  to  take  cognizance  of 
these  facts.     It  must  not  only  look  at  the  present 


38 


rebellion,  but  it  must  study  the  history  of  Cuba  for 
the  past  seventy  years,  to  judge  of  the  character  of 
the  struggle,  or  revolution,  which  is  being  enacted 
there  now. 

Fourth. — Finally,  the  rights,  property  and  in- 
terests of  the  citizens  of  the  United  States  are  so 
affected  as  to  require  and  demand  the  recognition 
of  the  Cubans  by  this  country  on  the  ground  of 
self-interest  or  preservation. 

This  is  always  put  forward  as  an  important  ele- 
ment, both  in  the  question  of  recognition  and  of 
actual  interference. 

What  is  meant  by  this  proposition  is  this  :  That 
Cuba  has  for  years  occupied  most  important  com- 
mercial relations  to  this  country,  which  under  or- 
dinary conditions  would  be  largely  increased.  It  is 
our  interest  to  keep  alive  and  extend  these  rela- 
tions, the  development  of  the  resources  of  Cuba 
being  more  important  to  our  merchants  than 
those  of  many  of  our  own  States.  Millions  of  dol- 
lars of  American  money  are  invested  there  which 
is  imperiled,  and  the  commerce  between  the  coun- 
tries has  most  materially  fallen  off.  This  govern- 
ment has  the  clear  right  to  protect  this  trade  and 
property,  especially  in  view  of  our  natural  and 
geographical  relations  to  that  island.  For  it  must 
be  borne  in  mind  that  in  determining  these  ques- 
tions of  international  law,  no  isolated  fact  is  con- 
trolling. All  of  the  circumstances  surrounding  tlu' 
subject  must  be  considered,  and  while  in  some  in- 
stances the  mere  fact  of  self-interest  might  not  be 
sufficient  of  itself  as  a  ground  of  recognition,  yet 
when  taken  with  other  matters,  it  would  be  a 
strong  reason  to  uphold  such  act. 


34 


There  is  no  good  or  substantial  reason  for  delay 
in  this  matter  by  our  government. 

The  spontaneous  uj)risings  of  the  people  in  every 
part  of  the  country  attest  the  interest  and  reflect 
the  strong  opinions  of  our  citizens  in  favor  of  rec- 
ognition. Every  element  of  life  is  represented  in 
this  popular  demonstration.  It  arises  from  no 
mawkish  sympathy — it  is  the  result  of  study  and 
belief. 

International  law  fixes  no  rule  by  which  so  many 
ounces  of  blood  must  be  spilled  and  so  many  vic- 
tims die  before  recognition  is  accorded. 

All  of  the  influences  which  should  affect  any  civil- 
ized power  are  potent  here — self-interest,  self-pro- 
tection, geographical  or  natural,  political  or  moral 
and  commercial  causes,  Justice  and  right,  the  dic- 
tates of  Christianity  and  humanity,  all  alike  cry 
out  in  favor  of  the  step. 


k 


University  of  California 

SOUTHERN  REGIONAL  LIBRARY  FACILITY 

305  De  Neve  Drive  -  Parlting  Lot  17  •  Box  951388 

LOS  ANGELES,  CALIFORNIA  90095-1388 

Return  this  material  to  the  library  from  which  it  was  borrowed. 


A    001  083  261 


^ 


J^^vz^r 


■  J^^ 


li 


'1 


<^^ 


v^ 


.- 1  >      -^  -: 


Uri^P    *^^.  ^ 


^5^~--i 


